MISCELLANEOUS PROVISIONS

Jacksonville Ordinance Code tit. XXI, ch. 711, pt. 5

in effect

Jacksonville Ordinance Code § 711.501 Reservation of rights and remedies.

Sec. 711.501. - Reservation of rights and remedies. (a) The City reserves the right to amend this Chapter as it shall find necessary in the lawful exercise of its police powers (including, but not limited to, the right to close and abandon City rights-of-way, the adoption of additional regulations to protect the public interest in the City's rights-of-way, etc.). (b) This Chapter shall be applicable to all facilities and communications facilities placed in the City rights-of-way on or after the effective date of this Chapter and shall apply to all existing facilities and communications facilities in the City rights-of-way prior to the effective date of this Chapter, to the full extent permitted by State and federal law. (c) The adoption of this Chapter is not intended to waive any rights or defenses under any existing franchise, license or other agreements with a communications services provider. (d) Nothing in this Chapter shall affect the remedies the City or the person/registrant has available under applicable law. (Ord. 2001-427-E, § 2)

Jacksonville Ordinance Code § 711.502 Force majeure.

Sec. 711.502. - Force majeure. In the event a registrant's performance of or compliance with any of the provisions of this Chapter is prevented by a cause or event not within the registrant's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result, provided, however, that such registrant uses all practicable means to expeditiously cure or correct any such inability to perform or comply. For purposes of this Chapter, causes or events not within a registrant's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within registrant's control, and thus not falling within this Section, shall include, without limitation, registrant's financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of registrant's directors, officers, employees, contractors or agents. (Ord. 2001-427-E, § 2)

Jacksonville Ordinance Code § 711.503 Severability.

Sec. 711.503. - Severability. If any Section or provision of this Chapter is held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions hereof which are declared severable. (Ord. 2001-427-E, § 2)

Jacksonville Ordinance Code § 711.504 Alternative remedies.

Sec. 711.504. - Alternative remedies. No provision of this Chapter shall be deemed to bar the right of the City to seek or obtain judicial relief from a violation of any provisions of this Chapter, the franchise, registration, or any rule, regulation, requirement or directive promulgated under this Chapter, whether administratively, judicially or both. Neither the existence of other remedies identified in this Chapter nor the exercise thereof shall be deemed to bar or otherwise limit the right of the City to recover fines, penalties or monetary damages (except where liquidated damages are otherwise prescribed) for such violation by the grantee or judicial. (Ord. 2001-427-E, § 2)

Jacksonville Ordinance Code § 711.505 Adoption of rules.

Sec. 711.505. - Adoption of rules. The Director of the Department of Public Works or Planning and Development, as designated by the Mayor, is hereby authorized to undertake the adoption of rules necessary to undertake all necessary action pursuant to this Chapter to protect the City's rights-of-way. The Director shall conduct all such adoption of rules with the support of the office of the general counsel, giving notice, conducting necessary public hearing and filing a copy of all such rules in the Director's office, with the council secretary and with the Council President. (Ord. 2001-427-E, § 2; Ord. 2017-863-E, § 5)

Jacksonville Ordinance Code § 711.506 Interlocal agreements.

Sec. 711.506. - Interlocal agreements. The Director of the Department of Public Works or Planning and Development, as designated by the Mayor, is hereby authorized to execute an interlocal agreement (defined herein to be an "interlocal agreement" with a "public agency" as said terms are defined in F.S. § 163.01) as may be necessary regarding the application of this Chapter. The form of said interlocal agreement shall be reviewed and approved by the Director of Finance and Administration and the Office of the General Counsel. (Ord. 2001-1297-E, § 2; Ord. 2016-140-E, § 16; Ord. 2017-863-E, § 5)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITXXIPUWOUT_CH711CIRI-W_PT5MIPRFetched: 10/27/2026